Friday, August 16, 2013

The Provincial Offences Court, and the Ontario Court of Justice to which appeals go from that court, are the face of justice to many citizens

R. v. Massara, 2013 ONCA 519:

 

[15]       Mr. Massara takes issue with the fairness of the proceeding on the motion before the appeal court judge and with the disposition. The Provincial Offences Court, and the Ontario Court of Justice to which appeals go from that court, are the face of justice to many citizens.  They are often self-represented and are not familiar with the court, its manner of proceeding or its arcane rules.

 

[16]       As I noted in R. v. Georgalis, [2013] O.J. No. 1921 at para. 8, the assumption behind the high threshold for leave to appeal to this court is that an applicant had a full and fair hearing by the appeal judge. Having reviewed the transcript, however, I am concerned that the applicant, who represented his mother, may not have had a full and fair opportunity to argue the motion or the appeal. In my view, this brings the case within the prescription that it is in the interests of "the due administration of justice that leave be granted." See R. v. Jamieson (1981), at pp. 552-53.

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